LAWS(MPH)-2017-2-133

STATE OF MADHYA PRADESH Vs. LAXMINARAYAN

Decided On February 01, 2017
STATE OF MADHYA PRADESH Appellant
V/S
LAXMINARAYAN Respondents

JUDGEMENT

(1.) Parties through their counsel.

(2.) Facts of the case reveal that services of the respondent workman were put to an end and finally the dispute of workman has been adjudicated by the labour court and an award was passed on 31.07.2013 directing reinstatement of the workman with back-wages. The workman has joined the service and made a prayer for grant of back-wages, however, in spite of there being an award, the workman was not granted back-wages w.e.f. 01.01.2001 to 31.10.2007 and in those circumstances, an application was preferred under Sec. 33 (c)(2) of the Industrial Dispute Act.

(3.) The labour court after considering the details of the claim and the prayer made by the workman for the salary of which he was entitled, has allowed the application under Sec. 33 (c)(2) of the Industrial Dispute Act and directed the employer to pay the arrears of salary for the period of 01.01.2001 to 31.10.2007. Another aspect of the matter is that the award directing reinstatement of the workman has not been challenged and against the award dated 29.02009, the present petition has been filed after a lapse of 6 years.